Les faux-semblants de la réforme du droit pénal vietnamien (1985-2005)
Vietnamese Criminal Law, 1985-2005: A Mere Semblance of Reform The reform of Vietnamese criminal law engaged in the early 1980s has proved deceptive: it never led to the de-politicization of penal practices and of the characterization of crimes. The judicial and legal apparatus of social control...
Shranjeno v:
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| Format: | Article ou chapitre numérique |
| Jezik: | Français |
| Izdano: |
2007
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| Online dostop: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Izvleček: | Vietnamese Criminal Law, 1985-2005: A Mere
Semblance of Reform
The reform of Vietnamese criminal law engaged in the
early 1980s has proved deceptive: it never led to the de-politicization of penal
practices and of the characterization of crimes. The judicial and legal apparatus of social control was merely superimposed upon preexistent disciplinary
mechanisms, instead of replacing them. Admittedly, codifying criminal law,
rationalizing judiciary organization and reinforcing judicial review have put
an end to the lawlessness of the revolutionary era and to “government by
morality” – up to a certain point. But the reinforcement of legality has not
established the rule of law, only a “government by the law” of sorts, because
it was really only intended to consolidate social control, to provide a legal
frame for economic reform, and to supply the regime with a new, legalrational source of legitimacy. Besides, criminal charges are only superficially
de-politicized in the 1999 Criminal Code: the influence of socialist theories
of law, revolutionary justice and customary law is still obvious in the definition of criminal responsibility, and the characterization and hierarchy of
crimes. Finally, the sentencing system remains essentially the same. Based on
repression, exemplary punishment and reeducation, it is a product of socialist
theories of social hygiene and certain Vietnamese popular beliefs. |
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